Consultancy Services for preparation of Feasibility Study and Detailed Project Report for following Highway Sections in the State of Jammu & Kashmir

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1 (Ministry of Road Transport & Highways) Government of India Consultancy Services for preparation of Feasibility Study and Detailed Project Report for following Highway Sections in the State of Jammu & Kashmir i. Upgradation to 4 lane with paved shoulder of Jammu-Akhnoor section of NH- 144A; and ii. Upgradation to 2 lane with paved shoulder Chenani-Sudhmahdev-Goha-Khallani- Kishtwar-Sinthan Pass-Khanabal section of NH-244 (old NH-1B) REQUEST FOR PROPOSALS March, 2016 National Highways & Infrastructure Development Corporation Ltd. PTI Building, 3rd Floor, 4, Parliament Street, New Delhi

2 INDEX S. No. Contents Page No. 1 Notice Inviting Tender (NIT) 2 Letter of Invitation 3 Data Sheet 4 Appendix - I : Terms of Reference 5 Supplement -I: Additional Requirements for Hill Roads 6 Supplement - II: Additional Requirements for Bridges 7 Supplement III : Additional requirement for safety audit 8 Enclosure - I : Manning Schedule 9 Enclosure - II : Qualification Requirements of Key Personnel 10 Enclosure - III: Schedule for Submission of Reports and Documents 11 Appendix II : Formats for Eligibility 12 Appendix - III : Formats for Technical Proposals 13 Appendix - IV: Formats for Financial Proposals 14 Appendix - V: Draft Contract Agreement Page 2 of 164

3 National Highways & Infrastructure Development Corporation Ltd. (Ministry of Road Transport & Highways) Government of India NOTICE INVITING TENDER (NIT) NHIDCL has been assigned the work by the Ministry of Road Transport & Highways, Govt. of India, for development and up gradation of various highways including selected stretches/corridors in the State of Jammu & Kashmir. 2. Proposals are hereby invited from eligible Consultants for carrying out Feasibility Study, Preparation of Detailed Project Report and providing pre-construction services in respect of up-gradation of corridors detailed in Annexure-I (hereinafter called as Assignment ): The Letter of Invitation (LOI) and Terms of Reference (TOR) including Request for Proposal (RFP) are available online on e-tender portal of NHIDCL, The document can also be downloaded from NHIDCL website Document fee (non-refundable) in the form of Demand Draft amounting to Rs 5,000 (Rupees Five Thousand only) favoring National Highways & Infrastructure Development Corporation Ltd. and payable at New Delhi must be furnished in a separate envelop while submitting the proposal. Bid must be submitted online at e-tender portal of NHIDCL on or before upto 15:00 hrs 3. The following schedule is to be followed for this assignment: i) Last date for submission of queries : ii) Pre proposal conference in NHIDCL, HQ : at 15:00 hrs iii) Deadline for downloading of bid document : upto17:00 hrs iv) Deadline for submission of online bids : upto15:00 hrs v) Deadline for submission of physical documents : upto 15:00 hrs vi) Opening of bids : at 15:30 hrs. For any clarification, please contact to: Ashok Kumar Gupta General Manager (Technical) National Highway & Infrastructure Development Corporation Ltd. PTI Building, 3rd Floor, 4, Parliament Street, New Delhi Ph ; ak.gupta56@gov.in Dated: Ashok Kumar Gupta General Manager (Tech.) Page 3 of 164

4 Letter of Invitation (LOI) Package No. NHIDCL/DPR/J&K/1/2016 Dated: Dear Sir, Sub: Consultancy Services for carrying out Feasibility Study, preparation of Detailed Project Report and providing Pre-Construction Services for upgradation of following corridors in the State of Jammu & Kashmir on EPC mode: i. Upgradation to 4 lane with paved shoulder of Jammu-Akhnoor section of NH- 144A; and ii. Upgradation to 2 lame with paved shoulder Chenani- Sudhmahadev-Goha- Khelani- Kishtwar-Sinthan Pass-Khanabal section of NH-244 (old NH-1B) 1. Introduction 1.1 The National Highways & Infrastructure Development Corporation Ltd. (NHIDCL) has been entrusted with the up-gradation of selected road stretches/corridors to two/ four lane with paved shoulder NH configuration. NHIDCL (hereinafter called as the Client) now invites proposals from Technical Consultants for carrying out Feasibility Study, Preparation of Detailed Project Report and providing pre-construction services in respect of up-gradation of corridors detailed at Annexure-I for proper structuring and implementation of projects on EPC/PPP mode until declaration of Appointed Date of projects. 1.2 A brief description of the assignment with its objectives is given in the Appendix-I, Terms of Reference. 1.3 NHIDCL invites the proposals through e-tender (on-line bid submission) and by using the INFRACON* portal. *In order to make the evaluation process more objective, user friendly and transparent, NHIDCL has developed INFRACON portal ( which is a comprehensive National Portal for Infrastructure Consultancy firms & Key Personnel. The Portal has facility to host Consulting Firms & Personnel Credentials online with linkage to Aadhar & Digilocker for data storage, validation & purity. The Information available on the portal would also be made available in Public Domain. Based on the above stated objective, it has been decided that while calling RFPs for preparation of DPR, NHIDCL would receive technical proposals through INFRACON portal by making it mandatory for firms & personnel to register on the portal. This would lead to reduction in paper work during bid submission & evaluation and shall bring transparency & accountability to the submission process. The applicants (hereinafter called as the Consultants) are hereby invited to submit proposals in the manner prescribed in the RFP. 1.4 The Consultants may submit the proposal either in sole capacity or in JV or with associates. The number of JV partners and/or associates should not exceed three firms apart from the lead firm. For avoidance of doubt, it is clarified that the Consultant may have composition of firm such as a lead partner + (X) JV Partner + (Y) Associates. However in any case Page 4 of 164

5 sum of X & Y shall not exceed three. 1.5 To obtain first hand information on the assignment and on the local conditions, the Consultants are encouraged to pay a visit to the client, local State PWDs and the project site before submitting the proposal and attend a pre-proposal (bid) conference. They must fully inform themselves of local and site conditions and take them into account while preparing the proposal. 1.6 Financial Proposals will be opened only for the firms found to be eligible and scoring qualifying marks in accordance with Para 5 hereof. 1.7 Please note that (i) costs of preparing the proposal and of negotiating the contract, including visits to the Client, etc., are not reimbursable as a direct cost of the assignment; and (ii) Client is not bound to accept any of the proposals submitted and reserve the right to reject any or all proposals without assigning any reasons. 1.8 The proposals must be properly signed as detailed below: i. By the proprietor in case of a proprietary firm ii. By the partner holding the Power of Attorney in case of a firm in partnership (A certified copy of the Power of Attorney on a stamp paper of Rs. 100 and duly notarized shall accompany the Proposal). iii. iv. By a duly authorized person holding the Power of Attorney in case of a Limited Company or a Corporation (A certified copy of the Power of Attorney on a stamp paper of Rs. 100 and duly notarized shall accompany the proposal). By the authorized representative of lead member in case of Joint Venture. v. The Power of Attorney shall be proposal specific. General Power of Attorney shall not be accepted and such proposals shall be termed non-responsive In case a Joint Venture/Association of firms, the proposal shall be accompanied by a certified copy of legally binding Memorandum of Understanding (MOU) on a stamp paper of Rs.100, signed by all firms to the joint venture confirming the following therein: i. Date and place of signing; ii. iii. iv. Purpose of Joint Venture/Association (must include the details of contract works for which the joint venture has been formed to bid; A clear and definite description of the proposed administrative arrangements for is intending management and execution of the assignment. Name of Lead Firm and other partner of JV should be clearly mentioned in the MOU. Delineation of duties/ responsibilities and scope of work to be undertaken by each firm along with resources committed by each partner of the JV/Association for the proposed services; v. An undertaking that the JV firms are jointly and severally liable to the Employer for the performance of the services;, vi. The authorized representative of the joint venture/association The Association firm shall give a Letter of Association, MOU as in i) to vi above except v, letter of Authorization, copies of GPA/SPA for the person signing the documents and a certificate of incorporation In case of Joint Venture, one of the firms which preferably have relatively higher experience will act as the lead firm representing the Joint Venture. The duties, Page 5 of 164

6 responsibilities and powers of such lead firm shall be specifically included in the MOU /agreement. It is expected that the lead partner would be authorized to incur liabilities and to receive instructions and payments for and on behalf of the Joint Venture. Payment to be made to the JV can also be made to the account of the JV. For a JV to be eligible for bidding, the experience of lead partner and other partner should be as indicated in data sheet A firm may bid for a project either as a sole Consultant or in the form of joint venture with other Consultant or in association with any other Consultant. However, alternative proposals i.e. one as sole or in JV with other Consultant and another in association / JV with any other Consultant for the same package will be summarily rejected. In such cases, all the involved proposals shall be rejected. 1.9 Pre-proposal conference shall be held on the date, time and venue given in Data Sheet Bid Security The applicant shall furnish as part of its proposal, a Bid Security of Rs 2,00,000 ( Rupees two lakhs only) in the form of Demand Draft in favour of National Highways and Infrastructure Development Corporation Ltd. payable at New Delhi(the Bid Security ) This Bid Security is returnable not later than 30 (thirty) days from the date of Opening of the financial proposals except in case of the two highest ranked Applicants. Bid Security of the selected Consultant and the second ranked Consultant shall be returned upon the selected Consultant signing the Agreement Any Bid not accompanied by the Bid Security of the required value and minimum required validity shall be rejected by the Client as non responsive NHIDCL shall not be liable to pay any interest on the Bid Security and the same shall be interest free The Consultant by submitting its proposal pursuant to this RFP, shall be deemed to have acknowledged that without prejudice to NHIDCL s any other right or remedy hereunder or in law or otherwise, the Bid Security shall be forfeited and appropriated by NHIDCL as the mutually agreed pre-estimated compensation and damage payable to NHIDCL for, inter alia the time, cost and effort of the NHIDCL in regard to RFP including the consideration and evaluation of the Proposal under the following conditions: (a) (b) (c) 2 Documents If a Consultant withdraws its proposal during the period of its validity as specified in this RFP and as extended by the Client from time to time; In the case of selected Consultant, if the Consultant fails to reconfirm its commitments during negotiations as required vide Para 6; In the case of a selected Consultant, if the Consultant fails to sign the Agreement. 2.1 To enable you to prepare a proposal, please find and use the attached Documents listed in the Data Sheet. Consultants requiring a clarification of the Documents must notify the Client, in writing, by at 15:00 hrs. Any request for clarification in writing or by / must be sent to the Client s address indicated in the Data Sheet. The Client will Page 6 of 164

7 upload replies to pre-bid queries on its website i.e At any time before the submission of proposals, the Client may, for any reason, whether at its own initiative or in response to a clarification requested by a Consulting firm, modify the Documents by amendment or corrigendum. The amendment will be uploaded on NHIDCL website. The Client may at its discretion extend the deadline for the submission of proposals and the same shall also be uploaded on NHIDCL website. 3. Preparation of Proposal The proposal must be prepared in three parts viz. Part 1: Proof of eligibility Part 2: Technical Proposal Part 3: Financial Proposal 3.1 Document in support of proof of eligibility The minimum essential requirement in respect of eligibility has been indicated in the Data Sheet. The proposal found deficient in respect of any of these requirements will not be considered for further evaluation. The following documents must be furnished in support of proof of eligibility as per Formats given in Appendix-II: (i) (ii) (iii) (iv) (v) (vi) (vii) Forwarding letter for Proof of Eligibility in the Form-E1. Firm s relevant experience and performance for the last 7 years: As derived through INFRACON in support of experience as specified in Data Sheet. The uploaded experience certificates should indicate clearly the firms Design/DPR experience, in 2/4/6- lane of highway, structures like bridges, Viaducts, tunnels, hill slope stabilization, rock bolting, ground improvement, etc. Also the scope of services rendered by the firm should be clearly indicated in the certificate obtained from the client. The information given in INFRACON shall also be considered as part of Technical Proposal and shall be evaluated accordingly. The Consultants are therefore advised to see the evaluation criteria carefully for Technical Proposal and select the Projects based on their experience. Firm s turnover for the last 3 years: The information in this regard shall be obtained through INFRACON in regard to the turnover of the applicant firm(s) for the last five years beginning with the last financial year Document fee: The fee for the document amounting to Rs.5,000 (Rupees Five Thousand only) in the form of Demand Draft favoring National Highways & Infrastructure Development Corporation Ltd. payable at New Delhi must be furnished in a separate envelope while submitting the proposal. Bid Security: Demand Draft in support of bid security for an amount specified in Data Sheet must be furnished before the due date and time submission of proposals. Power of Attorney on a stamp paper of Rs.100 and duly notarized authorizing to submit the proposal. In case of a Joint Venture/Association of firms, the proposal shall be accompanied by a certified copy of legally binding Memorandum of Page 7 of 164

8 Understanding (MOU) on a stamp paper of Rs.100, signed by all firms to the joint venture/association as detailed at para above The minimum essential requirements in respect of eligibility has been indicated in the data sheet, the proposal found deficient in respect of these requirements will not be considered for further evaluation. 3.2 Technical Proposal The Consultants are expected to examine all terms and instructions included in the Documents. Failure to provide the requested information will be at their own risk and may result in rejection of their proposal During preparation of the technical proposal, Consultants must give particular attention to the following: Total assignment period is as indicated in the enclosed TOR. A manning schedule in respect of requirement of key personnel is also furnished in the TOR which shall be the basis of the Financial Proposal. The Consultants shall make their own assessment of support personnel both technical and administrative to undertake the assignment. Additional support and administrative staff need to be provided for timely completion of the project within the total estimated cost. It is emphasized that the time period for the assignment indicated in the TOR should be strictly adhered to The technical proposal shall be submitted strictly in the Formats given in Appendix- III and shall comprise of following documents: i) Forwarding letter for Technical proposal duly signed by the authorized person on behalf of the bidder, as in Form E-1 &T-1. ii) iii) iv) Deleted Firm s references - Relevant Services carried out in the last seven years to be submitted through INFRACON. Site Appreciation: limited to four A4 size pages in 1.5 space and 12 font including photographs, if any (Form-T-4). v) Deleted vi) vii) viii) ix) The composition of the proposed Team to be submitted through INFRACON. Deleted The proposal should clearly identify and mention the details of Material Testing LAB FACILITIES to be used by the Consultants for the project (Form-T-8). In this connection, the proposals of the Consultants to use in-house LAB FACILITIES up to a distance of maximum 400 km. from the project site being feasible would be accepted. For all other cases, suitable nearby material Testing Laboratory shall be proposed before Contract Agreement is executed. The proposal shall indicate as to whether the firm is having the facilities for carrying out the following field activities or these are proposed to be outsourced to specialized agencies in the Form- T-9. a) Topographic Survey b) Pavement Investigation c) Geo-technical Investigation In case the Consultant envisages outsourcing any or all of the above services to the expert agencies, the details of the same indicating the arrangement made with the Page 8 of 164

9 agencies need to be furnished. These agencies would however, be subject to approval of the client to ensure quality input by such agencies during technical negotiation before award of the work. For out-sourced services, proposed firms/consultants should have such experience on similar projects x) Details of office equipment and software owned by the firm in Form-T10 xi) CVs of Key Personnel to be submitted through INFRACON CVs of Key Personnel: (i) (ii) The CVs of the Key Personnel would have to be submitted through INFRACON. It may please be ensured that information is correct. If at any stage information is found incorrect action including termination and debarment of the personnel and the Firm from future NHIDCL/ Ministry projects upto3 years may be taken by NHIDCL. Such submissions would also make the concerned key personnel liable for criminal action, as deemed fit. No alternative to key personnel may be proposed. The minimum requirements of Qualification and Experience of all key personnel are listed in Enclosure-II of TOR. CV of a person who does not meet the minimum experience requirement as given at enclosure-ii of TOR shall be evaluated and the marks obtained shall be taken into consideration during evaluation of Technical Proposal (except Team leader). However if a firm with such key personnel is declared the most preferred bidder for a particular package, such key personnel should be replaced at the time of Contract Negotiations with a person meeting requirements of Qualification and Experience as given at enclosure-ii of TOR and whose CV secures 75 % marks and above. If a proposed key person does not possess the minimum (essential) educational qualification as given at enclosure-ii of TOR, Zero marks shall be assigned to such CV and such CV shall not be evaluated further. The CV of the proposed Team Leader should score at least 75 % marks otherwise the entire proposal shall be considered to have failed in the evaluation of Technical Proposals and shall not be considered for opening of Financial Proposals. (iii) Team Leader, Highway cum Pavement Engineer, Bridge Engineer, Geo-technical cum material Engineer and Senior Survey Engineer should be available from beginning of the project. 3 Key Personnel namely Environmental Specialist, Quantity Surveyor / Documentation expert and Traffic and Safety Expert are allowed to be deployed/proposed in 2 teams at a time. If same CV is submitted by two or more firms, zero marks shall be given for such CV for all the firms. The availability of key personnel must be ensured for the duration of the project as per proposed work programme. (iv) The age limit for key personnel is 70years for Central Team and 60 years for Sub-Team as on the date of bid submission. (v) Age limit for supporting staff to be deployed on project is 65 years as on the date of bid submission. (vi) An undertaking from the Consultant and all the Key Personnel must be furnished in the FormT-11 that the Key Personnel will be available for entire duration of the project assignment and will not engage himself/herself in any other assignment during the currency of his/her assignment on the project. After the award of work, in case of non availability of key personnel in spite of his/her declaration, he/she shall be debarred for a period of three years for all projects of NHIDC and MoRTH. (vii) A good working knowledge of English Language is essential for key professional staff on this assignment. (viii) Deleted (ix) Availability of personnel engaged for preparation of Detailed Project Report for the envisaged project may be ensured during first 3 to 4 months after start of the civil work at site during the period of survey and review of DPR by the Supervision Consultant/Authority Engineer. For this purpose, payment shall be made as per actual site Page 9 of 164

10 deployment of the key personnel at the man month rates quoted by the firm in their financial proposal. (x) It may please be noted that in case the requirement of the Experience of the firm/consortium as mentioned in the Proof of Eligibility is met by any foreign company, their real involvement for the intended project shall be mandatory. This can be achieved either by including input of team leader belonging to the parent foreign company, or by submitting at least the draft feasibility report and draft DPR duly reviewed by the parent firm (WITHOUT EXTRA COST TO NHIDCL) and their paying visit to the site and interacting with NHIDCL as per requirement. The team leader proposed by the foreign company should be on its pay roll for at least last six months (prior to the date of submission). (xi) In case a firm is proposing key personnel from educational/research institutions, a No Objection Certificate from the concerned institution should be enclosed. (xii) Deleted The technical proposal must not include any financial information. 3.3 Financial Proposal Financial proposal should include the costs associated with the assignment. These shall normally cover remuneration for staff (foreign and local, in the field, office etc), accommodation, transportation, equipment, printing of documents, surveys, geotechnical investigations etc. This cost should be broken down into foreign and local costs. Financial proposal should be prepared strictly using the formats attached in Appendix IV Financial proposal should clearly indicate the consulting fee without any assumptions of conditions attached to such fee. Conditional offer or the proposal not furnished in the format attached in Appendix-IV shall be considered nonresponsive and is liable to be rejected. Financial proposal shall take into account all types of the tax liabilities (excluding service tax) and cost of insurance specified in the Data Sheet Costs shall be expressed in Indian Rupees in case of domestic Consultant and in Indian Rupees and US Dollars in case of foreign Consultant. Payments shall be made in Indian Rupees by NHIDCL and the Consultant themselves would be required to obtain foreign currency to the extent quoted and accepted by NHIDCL. Rate for foreign exchange for payment shall be the rate established by RBI applicable at the time of making each payment installment on items involving actual transaction in foreign currency. No compensation due to fluctuation of currency exchange rate shall be paid Consultants are required to charge only rental of equipments/ software(s) usage so as to economize in their financial bid. 4 Submission of Proposals 4.1 The Applicants shall submit the Proof of Eligibility and Technical Proposal through INFRACON and shall apply for a particular package with one team. Financial proposal for each package is to be submitted separately. Financial proposal are to be submitted only online and no hard copy of the financial proposal should be submitted. Page 10 of 164

11 4.2 The bidder is required to submit following documents in original at the time of submission of their bid. (a) Copy of Acknowledgement for (i) Tender Submission and Bid Security (ii) Bid Document Fee (iii) Tender Processing Fee (b) Proposal specific Power of Attorney of the signatory (whose digital signature certificate is used during e-tender submission) of the bidder to commit the bid. Power of Attorney shall be on a stamp paper of Rs. 100 and duly notarized authorizing to submit the proposal. (c) Standard format as Annexure II. (d) In case of a Joint Venture / Association of Firms, the proposal shall be accompanied by a certified copy of legally binding Memorandum of Understanding (MoU) on a stamp paper of Rs. 100, signed by all firms to the Joint Venture / Association as detailed at para above. Envelope containing above mentioned documents shall be submitted to NHIDCL on or before the deadline for submission of bids. The envelope must be clearly marked as below: Consultancy Package No.: NHIDCL/DPR/J&K/1/2015 Project Name: Consultancy Services for carrying out Feasibility Study, Detailed Project Report and providing Pre-Construction Services in respect of upgradation of following corridors in the State of Jammu & Kashmir on EPC mode: i. Upgradation to 4 lane with paved shoulder of Jammu-Akhnoor section of NH- 144A; and ii. Upgradation to 2 lame with paved shoulder Chenani-Khanabal section of NH-244 (old NH-1B) Do not open, except in presence of the evaluation committee Envelope containing originals will contain two separate envelopes. The first envelope containing a demand draft of Rs. 5,000/- (cost of bid document).second envelope containing Bid Security of Rs. 2, 00,000/- with validity as mentioned in the bid document. Bidder should also submit Proof of Payment of application processing fees amounting to Rs. 1295/- to M/s. C-1 India Pvt. Ltd. Only one Bid Security and one DD of Rs 5000/- (as cost of Document) may be submitted by a Consultant applying with a particular team for one assignment Deleted 4.3 The proposal must contain no interlineations or overwriting except as necessary to correct errors made by the Consultants themselves, in which cases such corrections must be initialed by the person or persons signing the proposal. 4.4 Deleted 4.5 The proposal must be valid for the number of days stated in the Data Sheet from the Page 11 of 164

12 closing date of submission of proposal. 5 Proposal Evaluation 5.1 The proposals would be evaluated by a Committee constituted by Managing Director, NHIDCL. A three-stage procedure will be adopted in evaluating the proposal. In the first stage- Proof of Eligibility, it will be examined as to whether: a) The proposal is accompanied by Bid Document fee; b) The proposal is accompanied by Bid Security of required value and of validity equal or more than the minimum required validity; c) The consultant has required experience; d) The Consultant has required turnover; e) The documents are properly signed by the authorized signatories and whether the proposal contains proper POA as mentioned at para above; f) The proposal is received on or before the dead line of submission; g) In case of a Joint Venture/Association of firms, the proposal shall be accompanied by a certified copy of legally binding Memorandum of Understanding (MOU) on a stamp paper of Rs.100, signed by all firms to the joint venture/association as detailed at para above. In case answers to any of the above items is No the bid shall be declared as nonresponsive and shall not be evaluated further. A Consultant satisfying the minimum Eligibility Criteria as mentioned in the Data sheet and who had submitted the above mentioned documents shall be declared Passed in Proof of Eligibility and the Technical Proposals of only those Consultants shall be evaluated further. 5.2 In the second stage, the Technical proposal shall be evaluated as per the detailed evaluation criteria given in Data Sheet. A proposal securing 75 points shall be declared passed in the evaluation of Technical Proposal. The technical proposal should score at least 75 points out of 100 to be considered for financial evaluation. The CV of the proposed Team Leader should score at least 75 % marks otherwise the entire proposal shall be considered to have failed in the evaluation of Technical Proposals and shall not be considered for opening of Financial Proposals. 5.3 Evaluation of Financial Proposal In case for a particular package, if only one firm is eligible for opening of Financial Proposals, the Financial Proposal shall not be opened, the bids for that package shall be cancelled and NHIDCL shall invite fresh bids for this package For financial evaluation, total cost of financial proposal excluding Service Tax shall be considered. Service Tax shall be payable extra as applicable from time to time The evaluation committee will determine whether the financial proposals are complete.i.e. whether they have included cost of all items of the corresponding proposals; if not, then their cost will be considered as NIL but the Consultant would however be required to carry out such obligations without any compensation. In case, the client feels that the work cannot be carried out within overall cost of financial proposal, the proposal may be rejected. The client shall correct any computational errors and correct prices in various currencies to the single currency specified in Data Sheet. The evaluation shall exclude those taxes, duties, fees, levies Page 12 of 164

13 and other charges imposed under the applicable law &thus applied to foreign components/ resident Consultants Proposals declared as technically qualified shall be considered for opening of Financial Bids. Only bidder who have been declared technically qualified would be considered for determining the most preferred bidder (H-1 bidder) based QCBS (80 % weightage on technical proposal and 20 % weightage on Financial Proposal) The most preferred bidder (H-1 bidder) for that particular package shall be determined using the procedure given as under: (i)the lowest financial proposal (F M) will be given a financial score (S F) of 100 points. The financial scores of other proposals will be computed as follows: S F = 100xF M/F Where, S F = Financial Score, F M= Amount of lowest bid, F= Amount of financial proposal converted in the common currency) (ii) Combined evaluation of Technical and Financial Proposals. Proposals will finally be ranked according to their combined technical (S T) and Financial (S F) scores using the weights indicated in the Data Sheet: S= S T x T + S F x f Where, S= Combined Score; S T=Technical Score out of 100; S F= Financial Score out of 100; T and f are values of weightage for technical and financial proposals respectively as given in the Data Sheet. (iii)for a particular package, a Consultant with a particular Team scoring the maximum combined score (S) shall be declared as the most preferred bidder (H-1). 6 Negotiations 6.1 Prior to the expiration period of proposal validity, the Client will notify the most preferred Consultant/Bidder in writing by registered letter, , or facsimile and invite him to negotiate the Contract. 6.2 Before the start of negotiations, the most preferred Consultant/Bidder (H-1) shall be asked to give justification for the cost quoted by them to the full satisfaction of NHIDCL.Each key personnel of the preferred Consultant shall be called for interview at the time of negotiation at the cost of Consultant before award of the work. 6.3 Negotiations may normally take two to three days. The aim is to reach agreement on all points and initial a draft contract by the conclusion of Negotiations. 6.4 Negotiations will commence with discussion on technical proposal, the proposed methodology (work plan), staffing and any suggestions made to improve the TOR, the staffing and bar charts, which will indicate activities, periods in the field and in the home office, staff months, logistics and reporting. The financial proposal is subject to rationalization. Special attention will be paid to optimize the required outputs from the Consultants within the available budget and to define clearly the inputs required from the Client to ensure satisfactory implementation of the Assignment. 6.5 Changes agreed upon will then be reflected in the financial proposal using proposed unit rates. 6.6 Having selected Consultants, among other things, on the basis of an evaluation of proposed key professional staff, the Client expects to negotiate, within the proposal validity period, a contract on the basis of the staff named in the proposal and, prior Page 13 of 164

14 to contract negotiations, will require assurances that the staff will be actually available. The Client may ask to give a replacement for the key professional who has scored less than 75% marks by a person of at least 75% score. No reduction in remuneration would be made on account of above change. The Client will not consider substitutions during contract negotiations except in cases of incapacity of key personnel for reasons of health. Similarly, after award of contract the Client expects all of the proposed key personnel to be available during implementation of the contract. The client will not consider substitutions during contract negotiations/ contract implementation except under exceptional circumstances. For the reason other than death/ extreme medical ground, where replacement is proposed by the Consultant due to non availability of the originally proposed key personnel or in cases where replacement has become necessary as a key personnel proposed by the Consultant has been found to be unsuitable for the project by NHIDCL during contract negotiations / contract implementation, the following shall apply (i) for total replacement upto 33% of key personnel, remuneration shall be reduced by 5% (ii) for total replacement between 33% to 50%, remuneration shall be reduced by 10% (iii) for total replacement beyond 50% and 66% remuneration shall be reduced by 15% (iv) for total replacement beyond 66% of the total key personnel, the Client may initiate action for debarment of such Consultant for future projects of MORT&H/NHIDCL for a period of 6 months to 24 months. If for any reason beyond the reasonable control of the Consultants, it becomes necessary to replace any of the personnel, the Consultants shall forthwith provide as a replacement a person of equivalent or better qualification and experience. 6.7 The negotiations will be concluded with a review of the draft Contract Agreement attached at Appendix-V. The Client and the Consultants will finalize the contract to conclude negotiations. 6.8 If a Consultant fails to conclude the negotiations with NHIDCL or in case a Consultant withdraws without starting / completing the negotiations with NHIDCL, it shall attract penalty by encashment of Bid Security submitted by the Consultant. 7 Performance Security The Successful Consultant will furnish within 10 days of the issue of Letter of Acceptance (LOA), an unconditional Bank Guarantee of 10% of the total contract value, valid for a period of three years beyond the date of completion of services, from any Scheduled Bank approved by RBI having a net worth of not less than 500 Crore as per latest Annual Report of the Bank. In case of JV, the BG shall be furnished on behalf of the JV or by the lead member of the JVs. The Performance Guarantee will be released by NHIDCL upon expiry of 3 years beyond the date of completion of services provided, rectification of errors if any, found during implementation of the contract for civil work and satisfactory report by NHIDCL in this regard is issued. If a Consultant fails to submit the Performance Security (as specified above), it shall attract penalty of encashment of Bid Security submitted by the Consultant. 8. Penalty The Consultant will indemnify for any direct loss or damage that may accrue due to deficiency in services in carrying out Feasibility Study, Detailed Project Report Page 14 of 164

15 providing pre-construction services. Penalty shall be imposed on the Consultants for poor performance/deficiency in service as expected from the Consultant and as stated in General Conditions of Contract. 9. Award of Contract After successful Negotiations with the selected Consultant, the Client shall issue letter of award and ask the Consultant to provide Performance Security as in Para 7 above. If negotiations (as per para 6 above) fail or the selected Consultant fail to provide performance security within the prescribed time or the Consultant fail to sign the Contract Agreement within prescribed time the Client may invite the 2 nd ranking bidder Consultant for Contract negotiations and follow the procedure outlined in Para 6, 9 and 10 of this Letter of Invitation. 10. Signing of Contract Agreement After having received the performance security and verified it, the Client shall invite the selected bidder for signing of Contract Agreement on a date and time convenient to both parties within 15 days of receipt of valid Performance Security. 11. The Client shall keep the bidders informed during the entire bidding process and shall host the following information on its website: i) Notice Inviting Tender (NIT) ii) Request For Proposal (RFP) iii) Replies to pre-bid queries, if any iv) Amendments/corrigendum to RFP 12. Confirmation We would appreciate you informing us by facsimile/ regarding receipt of LOI and your willingness for submission of proposal. Thanking you. Encl. as above (Ashok Kumar Gupta) General Manager (Technical) National Highway & Infrastructure Development Corporation Ltd. PTI Building, 3rd Floor, 4, Parliament Street, New Delhi Page 15 of 164

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17 Annexure I Details of stretches proposed for Feasibility Study, Preparation of Detailed Project Report and providing pre-construction services in respect of up-gradation of corridors as mentioned below for proper structuring and implementation of projects on EPC/PPP mode until declaration of Appointed Date of projects: State Identified Corridor Tentative Length (In Km) Package No. 1 Up-gradation to four laning of Jammu Akhnoor section of NH-144A * Jammu & Kashmir NHIDCL/DPR/J&K/1/ Up-gradation to two lane with paved shoulder of Chenani-Sudhmahdev- Goha-Khelani-Kishtwar-Sinthan Pass- Khanabal Section of NH-244 (old NH- 1B) *Equivalent to (35*1.25) = km length of 2 lane with paved shoulder road. Note: The lengths mentioned are indicative in nature with the assumption that in each Stretch/ Package, 100 % of road stretch included in the proposal shall be upgraded as mentioned above and any variation in the length/configuration shall be dealt as change of scope. For this purpose an enhancement factor of 1.25 shall be considered for 4-lane/6 lane/ 8 lane configurations for converting the same to equivalent length of 2 lane with paved shoulder configuration. Thus aggregate length of equivalent 2-lane with paved shoulder configuration for both the above corridors (NH-144A & NH-244) is km (=35* km). Any variation in aggregate equivalent 2-lane with paved shoulder configuration beyond ± 10% shall be dealt as change of scope on prorata basis. For the avoidance of doubt, it is further clarified that if the length of approved alignment for NH-144A comes out to be 40 km, 4 lane (or more) configuration and for NH-244 comes out to be 305 km, 2 lane with paved shoulder (or more) configuration then the change of scope shall be computed as under: Equivalent 2 LPS length for NH-144A =40*1.25=50 km Equivalent 2 LPS length for NH-244 =305 km Aggregate equivalent length for both the corridors = = 355 km Length to be considered for change of scope = *1.10 = =5.475 km Change of scope = 5.475/ *100= (+) 1.72% Page 17 of 164

18 To, Annexure II Ashok Kumar Gupta, General Manager (Tech./ P) National Highway & Infrastructure Development Corporation Ltd PTI Building, 3 rd Floor, 4, Parliament Street, New Delhi Sub: Consultancy Services for carrying out Feasibility Study, Preparation of Detailed Project Report and providing pre-construction services in respect of up-gradation to Two lane with Paved Shoulder NH configuration of corridors as detailed below under BHARATMALA Project and National Highway connectivity to backward areas/religious/tourist places of the country in the State of Dear Sir, Having examined the Bid Document, Instruction to Bidders, Qualification Information, Scope of Works, etc. for the subject work, we, hereby submit our bid for the subject work. It is certified that the information furnished in this document is true and correct. The proposal is unconditional and unqualified. We undersigned accept that NHIDCL reserves the right to reject any or all application without assigning any reason. Thanking you, Yours faithfully, (Authorized Signatory) for and on behalf of M/s Page 18 of 164

19 DATA SHEET (References to corresponding paragraphs of LOI are mentioned alongside) 1. Consultancy Services for preparation of Feasibility Study and Detailed Project Report for following highway sections in the State of Jammu & Kashmir on EPC mode: i. Upgradation to 4 lane with paved shoulder of Jammu-Akhnoor section of NH- 144A; and ii. Upgradation to 2 lame with paved shoulder Chenani-Khanabal section of NH-244 (old NH-1B) (The Name of project and Package No. should be indicated in the format given in the technical proposal) 2. The name of the Client is : Managing Director, National Highways & Infrastructure Development Corporation Ltd., PTI Building, 3rd Floor, 4, Parliament Street, New Delhi Duration of the Project: 365 days from date of commencement as mentioned in Enclosure III followed by pre-construction services upto Appointed Date. Availability of key personnel engaged for preparation of Detailed Project Report for the envisaged project may be ensured during first 3 to 4 months after start of the civil work at site during the period of survey and review of DPR by the Supervision Consultant/Authority Engineer. For this purpose, payment shall be made as per actual site deployment of the key personnel at the man month rates quoted by the firm in their financial proposal. 4. Date, Time and Venue of Pre-Proposal Conference Date: Time: 15:00 hrs. Venue: National Highways & Infrastructure Development Corporation Ltd. (NHIDCL), PTI Building, 3rd Floor, 4, Parliament Street, New Delhi Ph Para 1.9) 5. Bid Security: Rs 2.0 (Two Lakh) (Ref Para 1.10) (Ref. 6. The Documents are: i Appendix-I Terms of Reference (TOR) ii. Appendix-II Formats for Proof of Eligibility Page 19 of 164

20 iii. Appendix-III: Formats for Technical Proposal iv. Appendix-IV: Formats for Financial Proposal v. Appendix -V Draft Contract Agreement Mail and address for submission of queries are as below: Ashok Kumar Gupta General Manager (Technical) National Highway & Infrastructure Development Corporation Ltd. PTI Building, 3rd Floor, 4, Parliament Street, New Delhi (Ref. Para 2.1) 7. Tax and Insurance (Ref. Para 3.3.2) (i) (ii) (iii) The Consultants and their personnel shall pay all taxes (including service tax), custom duties, fees, levies and other impositions levied under the laws prevailing seven days before the last date of submission of the bids. The effects of any increase / decrease of any type of taxes levied by the Government shall be borne by the Client / Consultant, as appropriate. Limitations of the Consultant s Liability towards the Client shall be as per Clause 3.4 of Draft Contract Agreement The risk and coverage shall be as per Clause 3.5 of Draft Contract Agreement. 8. Number of copies of the proposal required to be submitted: 1 no. (ref. para 4.1) 9. Address of authorized representative in NHIDCL is Mr. Ashok Kumar Gupta General Manager (Technical) National Highway & Infrastructure Development Corporation Ltd. PTI Building, 3 rd Floor, 4, Parliament Street, New Delhi Ph ak.gupta56@gov.in The envelopes must be clearly marked: i. ORIGINAL PROPOSAL (online & Hardcopy); ii. DOCUMENTS IN PROOF OF ELIGIBILITY & TECHNICAL PROPOSAL as Appropriate; and, iii. DO NOT OPEN, EXCEPT IN PRESENCE OF THE EVALUATIONCOMMITTEE on the outer envelope. iv. Consultancy Package No. : v. Project Name : vi. Name and Address of Consultant 10. Deleted 11. Proposal Validity period (Number of days): 120 days (Ref. Para 4.5) 12. Evaluation criteria: (Ref. Para 3 & 5) Page 20 of 164

21 12.1 First stage evaluation eligibility requirement. (Ref. Para 3.1 & 5.1) S. No. Table-1: Minimum Eligibility Requirements Minimum experience and performance of preparation of DPR of Highways / Bridges in the last 7 years (NH/SH/Equivalent) (for past performance attach undertaking for any litigation history/ and arbitration). A Firm applying for a package should have experience of preparation of Detailed Project Report of two/four/six lane/feasibility of Two/ four/ six lane projects of aggregate length equal to the indicative length of the package (i.e. 100km if the indicative length of the package is 100 km). Firm should have also prepared DPR for at least one project of 2/4/6laning of minimum 40% of the indicative length of the package (i.e. 40 km if the indicative length of the package is 100 km) or Feasibility Study of two/four/six laning of minimum 60% of the indicative length of the package (i.e. 60 km if the indicative length of the package is 100 km). The experience of hill roads DPR will be given due weightage. Annual average turnover Annual average turnover for last 3 years of the firm should be equal to or more than Rs Crore Note: The experience of a firm in preparation of DPR for a private concessionaire/contractor shall not be considered i) The sole applicant shall fulfill all the requirements given in Table-1. ii) iii) In case of JV, the Lead Partner should fulfill at least 75% of all eligibility requirements and the other partner shall fulfill at least 50% of all eligibility requirements. The associate shall fulfill 25% of all eligibility requirements. If the applicant firm has / have prepared the DPR/FS projects solely on its own, 100%weightage shall be given. If the applicant firm has prepared the DPR/FS projects as a lead partner in a JV, 75% weightage shall be given. If the applicant firm have prepared the DPR projects as the other partner (not lead partner) in a JV 50% weightage shall be given. If the applicant firm has prepared the DPR/FS projects as an associate, 25% weightage shall be given Second stage technical evaluation (Refer 5.2) Table-2: Evaluation Criteria for Technical Proposal S. No. Description Points 1. Firms Relevant Experience in last 7 years Material testing, Survey & Investigation, 2. Material testing, survey and investigation equipment and software proposed to be used Break up details in Para (ii) 3. Qualifications and Relevant Experiences of the Proposed Key Personnel 75 Total 100 Page 21 of 164

22 The weightage points given to evaluation sub-criteria for qualifications and competence of key staff are as under: Table-3: Weightage Points for Key Professionals Description Weight (%) General Qualification 25 Relevant Experience and Adequacy for the Project 70 Employment with the Firm 5 Total The number of points to be given under each of the evaluation criteria are: Break up details in Para (i) Firms relevant experience in last 7 years ( onwards) 20 points Points (a) Specific experience of the DPR consultancy related to the Assignment 12 for eligibility (a)(i) Aggregate Length of DPR / Feasibility study of 2/4/ 6 lane projects 6 (Minimum equal to indicative length of a package applied for) Indicative Length of a package applied for 4 2 times Indicative Length of a package applied for 5 3times or more Indicative Length of a package applied for 6 (a)(ii) DPR for 2/4/6 laning projects each equal to or more than 40 % of indicative length of a package applied for (or Feasibility Study for 2/4/6 laning projects each equal to or more than 60 % of indicative length of a package applied for) 6 1 project 4 2 projects 5 3 projects 6 b) DPR of Bridge having length more than 200 m 4 One bridge 1 Two bridges 2 Three bridges 3 Four bridges 4 (ii) c) Specific experience of firms in terms of turnover 4 Firm s Average Turnover of last 5 years >= 10 crore 4 Firm Average Turnover of last 5years >= 5 crore but < 10 crore3 Firm Average Turnover of last 5 years < 5 crore0. Total 20 Note:1. In case Feasibility Study is part of DPR services, the experience shall be counted in DPR only. In case Bridge is included as part of DPR of Highway the experience will be counted both in( a) and in ( b). Material testing, Survey and investigation equipment and software proposed to be Page 22 of 164

23 used (Outsourcing of Services/equipment shall be through Empanelled Consultants with MORTH wherever applicable) 5 a) Availability of in-house material testing facility 1 Available 1 Not available/outsourced 0.5 b) Field investigation facilities 2 Available 2 Not available/outsourced 1 c) Office Equipment and software 2 Available 2 Not available/outsourced 1 Total 5 (iv) Qualification and competence of the key staff for adequacy of the Assignment =75 points The weight-age for Central Team and Sub Team along with Key Personnel are as under: S. % Key Personnel No. Weightage Central Team[Weightage, W: (100-w)%] [w=weightage assigned to all the sub teams in total)] 1 Team Leader 20 2 Geo-Technical and Pavement Expert 15 3 Environment Specialist 10 4 Traffic cum Safety Expert 10 5 Hill Road / Tunnel Expert 15 6 Revenue / Survey Expert 10 7 Bridge Design Engineer 15 8 Contract Specialist 5 Total 100 Sub Team [Weightage, w = (10*N)%] (N= number of sub teams under the assignment = 2 i.e. 1 for each corridor) 9 Highway Engineer Bridge Engineer Quantity Surveyor cum Documentation Expert 30 Total 100 In case the numbers of sub teams are more than 1, the weightage to each key personnel shall be divided by number of sub teams. (v) The technical proposal should score at least 75 points out of 100 to be considered for financial evaluation. (A) The number of points assigned during the evaluation of qualification and competence of key staff except Revenue/Survey Expert and Contract Specialist are as given below: Page 23 of 164

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